RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            12 FEBRUARY 2004                  
	DOCKET NUMBER:   AR2003091951

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Robert J. Osborn II		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests award of the Bronze Star Medal.

2.  The applicant states that he is entitled to award of the Bronze Star Medal.  He was recommended for that award.  He served with the Transportation Corps 13th Port at the Sub-Port of Fowey.  He performed the duties of a commissioned officer while only a private.  

3.  The applicant provides two Certificates of Merit citations, a copy of correspondence showing that the applicant was entitled to award of a bronze service star to his theater ribbon, a copy of a recommendation for award of the Bronze Star Medal, and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an injustice which occurred on        31 December 1945.  The application submitted in this case is dated                   22 May 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there are sufficient documents submitted by the applicant and some remaining records for the Board to conduct a fair and impartial review of this case.

4.  The applicant's report of separation shows that he entered on active duty in March 1943, and served in the European Theater of Operations during World War II, arriving overseas in January 1944 and returning to the United States in December 1945.  A War Department Battle Casualty Report shows that he was slightly wounded in action in Belgium on 21 February 1945.    

5.  The applicant was awarded a Certificate of Merit on 3 August 1944 by Headquarters, 13th Port TC (Transportation [Corps or Company]) in recognition of his conspicuously meritorious and outstanding performance of military duty.  He was awarded a second Certificate of Merit by Headquarters, Chanor Base Section, for meritorious service in connection with operations against the enemy from 10 May 1944 to 10 September 1944.

6.  On 24 August 1944 the Inspector General, Headquarters, 13th Port, recommended that the applicant be awarded the Bronze Star Medal for meritorious service during the period 10 May 1944 to 10 September 1944.  An endorsement to that recommendation indicates that it was approved by the commander of the Chanor Base Section on 3 September 1945.  

7.  The applicant was discharged in the rank of Tech 5 (Technician Fifth Class) on 31 December 1945.  His report of separation does not reflect award of the Bronze Star Medal.    

8.  Army Regulation 600-8-22 provides for the award of the Bronze Star Medal, and states in pertinent part, that the Bronze Star Medal may be awarded for meritorious achievement or service to each member of the Armed Forces of the United States who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, or whose meritorious achievement has been otherwise confirmed by documents executed prior to        1 July 1947. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant was recommended for award of the Bronze Star Medal and that recommendation was apparently approved; however, the period shown on that recommendation is for the same period as that on the second Certificate of Merit that he received.  Officials of the same command approved both the recommendation and the Certificate of Merit.  A presumption could be made that the applicant received the Certificate of Merit in lieu of award of the Bronze Star Medal.  

2.  Nonetheless, he was recommended for award of the Bronze Star Medal.  He received two certificates of merit for his meritorious performance of his duties, and he was wounded in action.  The applicant is entitled to award of the Bronze Star Medal.      

BOARD VOTE:

__JHL___  __LE ___  __RJO __  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Bronze Star Medal for meritorious service in connection with military operations against an enemy of the United States for the period 10 May 1944 to 10 September 1944. 

		___Joann H. Langston___
		        CHAIRPERSON

INDEX

CASE ID	AR2003091951	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040212	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.